St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-09-13
THE OMAHA LANDS.

Correction of Some Misapprehen.
sions Regarding the Order of
the Interior Department.
Special to the Globe.
OSHKOSH, Wis, Sept. 12.-Considera-
BILE misapprehension appears to have
existed with reference to the indemnity
lands of the Omaha road which by a re-
cent order of the interior department.
were unintentionally reported restored
to the public domain, and to secure
which big rush has been made to the
Ashland land Office. Senator Sawyer
was questioned to-day in regard to the
matter. The giSt of the explanation Of
the situation is briefly:
The supreme court of the United States in
case involving that issue, decided some
years ago that the Omaha road had earned
its grant although not built within the time
limits of the grant because congress had not
declared it forfeited. The court held I'M
principle that the road earned its grant IL
6ulit before congress formally declared it
forfeited. Last winter congress passed law
instructing the secretary of the interior to ad
just the land grants of all railroads in
accordance with the decision of the supreme
court. In issuing an order recently under
this adjustment act of congress restoring GER
tain lands of the grant to the public domain,
1t was the intention to exempt the lands Of
the Omaha from the order, because the .su-
them but in wording this order the clerk
who made out the order inadvertently in
serted the words "main line, which left the
Bayfield, branch out of the exception and
subjected it to the order of restitution of the
public domain. This was simply a clerical
error, and not intended by the department,
and was in clear eontravention Of the pre-
vlous decision of the supreme court As
soon as the people began 10 flock 20 the north
to enter these lands the mistake was discov-
cred and an order has just been teiegraphed
to the land offices suspending all further
proceedings until the matter can be rectifed.i
The lands, the. senator said. had never been
forfeited, and have been held by the supreme
court to be fully and legally earned,
WASHINGTON, Sept. l2.-The acting,
commissioner of the general land office
has submitted to the secretary of the in.
terror his report of the adjustment of,
the grant for the Bayf branch of the
Chicago, st. Paul, Minneapolis d Omaha
railway. He finds that the company is.
entitled to 3S3, ,S61 acres. of which 323,-
600 acres have been approved to the,
state of Wisconsin for its benefit, leav-
ing 100. .126 acres still due but of the,
lands granted in place thereof 47,363l
acres are vacant and subject to selec-'
ton. Should these granted lands be ap-
proved, the company will then have re-
ceived 37O,962 acres, or 87,101 acres in
excess of the quantity to which it is en-
titled. Therefore the report says the
company is not entitled to the certifica-
ton of additional indemnity lands.
There are 1885, 600 acres of unapprovedi
indemnity selections now pending,
which if the secretary concurs in this
report, must be cancelled. The COM
missioner also finds that as the company
did not construct its roads upon the
limit of definite location there being
three material reflections, it thereby
abandoned so much of its grant as is CO..
terminous with these defiections.